High Court Bar Association Allahabad | हाईकोर्ट बार एसोसिएशन

1. Name and Commencement

These Rules shall be called the Rules of the High Court Bar Association, Allahabad.
They shall come into force from the date first day of December, 1957, they are approved by the Registrar, Societies and Chits, Government of Uttar Pradesh.

2. Registration

The High Court Bar Association, hereinafter called "The Association" is a society registered under the Societies Registration Act (XXI of 1860) and shall consist of all Office-bearers and Members of the Governing Council and the General Body of the Association and also who become Members of the Association by or under these Rules and continue to be Members.
The Association shall have perpetual succession and shall sue and be used by its name, through its Hony. Secretary or through such other person as may be authorized by Governing Council of the Association, and ratified by the General Body.

3. Constitution of the High Court Bar Association

To promote the development of legal science and studies and to watch legislation for the purpose of assisting in the progress of sound legislation.
To safeguard and promote the interest of the legal profession and its members in general and of the Members of the Association in particular.
To promote a high professional tone, standard and conduct amongst the Members of the legal profession and to check unprofessional practices.
To maintain a library of legal literature and of other subjects likely to be useful to the Members of the Association.
To provide a meeting place for the Members of the Association particularly for study and discussion of law.
To take the notice of the Bar Council, the High Court, the Supreme Court or the Central or State Governments matter affecting the legal profession in general and the Members of the Association in particular.
To prepare and implement schemes for giving assistance to Members of their families in distressed circumstances.
To protect the independence, unity and autonomy of the Bar, so provide under the Advocates Act.
To safeguard the rights, privileges and interests of Advocates on its Roll.
To promote the growth of Bar Association or the purposes of effective implementation of the Welfare Scheme framed by the Bar Association as well as the Bar Council.
To promote and support law reforms to conduct seminars and organize talks on legal topics by eminent jurists and public journals and papers of legal interests.
To organize legal aid to the poor in the prescribed manner, to manage and invest the funds of the Bar Association.
To protect constitution and law of the land.
To do all such acts or take such steps as might be necessary for the well being of the Association or for the fulfillment of these objects.

4. Definition : Unless the context otherwise require in these Rules

"Bar Association" Means High Court Bar Association, Allahabad registered under Society Registration Act, 1860 and also affiliated to the State Bar Council in accordance with the Rules framed by State Bar Council.
"Court" Means High Court At Allahabad.
"Elder Committee" Means a Committee the composition of which is mentioned in Rule No. 8 of these Rules.
"General Body" Means a body comprising of all the Members of the Association.
"Governing Council"Means a body to manage the affairs of the Association.
"Members" Means Life Members and Ordinary Members as mentioned in relevant Rules.
"Month" Means a month reckoned according to British Calendar.
"Practicing Advocate" or "Advocte in active practice" or "Advocate in regular practice" Includes an Advocate on roll prepared by State Bar Council, who files pleadings and Vakalatnama and who does not do by other professional work other than that the an Advocates, and so registered with Registrar General of the High Court.
(1) Words importing singular number shall include the plural number and vice-versa. (2) Masculine gender shall include the feminine gender and also an Eunuch, i.e. Hijra or Hijri.
"Welfare Schemes" Means any scheme framed under any law for the time being in force to provide financial help, by whatever name called, to an Advocate and on his death a person entitled under Rules on his behalf.
"Year" Means a year reckoned according to the British Calendar.
"Ordinary Member" Ordinary Member shall perform all purposes including a Life Member and not an Honorary Member or a Non-Resident Members.
"Place of Practice" The Advocate shall be ordinarily practicing at the High Court, Allahabad.

5. Classes of Membership

Honorary Members : Being or having been a Member of the legal profession, who because of distinguished achievement or one who rendered unreliable service to the cause of law or the legal profession, has been admitted, by the General Body of the Association as an Honorary Member.
Life Member : An Advocate on the roll of the Advocate regularly practicing in the High Court at Allahabad by payment of Rs. 5,000/- which will provide income by way of interest equivalent to the Membership fee payable by Ordinary Member, may become Life Member of that Association.
Non-Resident Member : Being an Advocate not ordinarily practicing in the High Court, who has been admitted by the Governing Council under Rule 7 as a Non Resident Member. The Advocate General of Uttar Pradesh, if he is not already a Member shall be admitted as a Non Resident Member.
Ordinary Member : Being an Advocate on the rolls of the High Court regularly practicing in the High Court and who has been admitted by the Governing Council under Rule 7 as Ordinary Member.
Notes : All the applicants shall have to declare that they are the Members of Bar Council of India Advocate Welfare Fund Rule 40 so enable them to be admitted as Members in Rule 5 (b)(c)(d).

6. Register of Members

The Governing Council shall cause to be prepared and maintain a Register of Members of the Association and shall for the purpose of Rule 5 classify all those who have become Members under such Rules.

7. Admission of Members

Any person enrolled as an Advocate with the Bar Council of Uttar Pradesh wishing to become an Ordinary/Non Resident / Life Member may apply in writing to the Honorary Secretary of the Association for admission on an application prescribed in schedule-I subject to the condition prescribed in Schedule-II signed by him and bearing the signature of at least two ordinary members of the Association as proposer and Secondor having at least ten years of Ordinary Membership of that Association.
Such person shall be entitled to hold the Ordinary Membership/Life Membership of only High Court Bar Association, Allahabad however, he can become Non Resident and Honorary Member of other Bar Associations. This Rule does not apply on those who became Member prior to enforcement of these Rules.
Such Advocate shall file an affidavit bearing his photograph mentioning his Registration Number and Photostat copy of the Registration certificate declaring on oath that he is neither at present nor in future intend to become Ordinary member or Life Member of any other Association in the State of Uttar Pradesh.
The Honorary Secretary of the Bar Association shall prepare the Roll of the Advocates regularly practicing in the High Court Bar duly approved by the Governing Council, who alone will be entitled to be the Ordinary/Life Member of that Association.
The Honorary Secretary will finalize the application and place it before the Governing Council for admission after displaying the same on the Notice Board for ten days and inviting objections by the process of Black Balls and being interviewed by the President or the Hony. Secretary.
Incase, more than twenty members black ball on any name included in the applications the same be placed for consideration as under Rule-9.
No person other than the one who in on the State Role of Bar Council will be eligible to become Ordinary/Life Member of the High Court Bar Association, Allahabad.
A Non-Resident Member for the purposes of obtaining the Ordinary or Life Membership of the Association shall have to adhere the procedure prescribed for enrolment of Ordinary member.
The Advocate applying for Membership will have to pay the admission fee as well as the Membership fee as and when so decided by the General Body of the Association.
Note :- All the applicants shall have to declare that they are the Members of Bar Council of India Advocate Welfare Fund Rule 40.

8. Elders Committee

8. There shall be an Elders Committee of the High Court Bar Association, Allahabad consisting of five designated Senior Most Members of the Association actively practicing in the High Court at Allahabad.

Senior Most Member of the Elders Committee will be the Chairman.
In case any member of Elders Committee is a candidate in the election rest of the Member will function, as its Members till he is relived from his elected post and will thereafter joined as its member.

9. Order on the Applications

The Honorary Secretary of the Association shall place the application of the Ordinary/Life Members of the Association, so rejected by Black Balls before the Elder Committee which will approve or reject the application in the light of provisions in the Rules. Once application for Memberships having been rejected by the Elders Committee, he shall not be entitled to apply again for the membership for a period of two years from the date of rejection of the application.
Provided that when an ordinary members whishes to become a Non Resident Member or vice versa, it shall not be necessary for his application to be proposed or seconded or for its being placed on the Notice Board.

10. Commincement of Ordinary Members

Any person who has been admitted as Ordinary Member by the Governing Council shall from the date of such admission be entitled to all the privileges of Membership, but he shall have no right to be a candidate in the election or cast vote therein for three years to be counted from next year of admission in any election of the High Court Bar Association.

11. Forfieture or Admission Fee

11. If the monthly subscription has not been paid within the period of prescribed by Rule 12, or within such further period as the General Body might allow, the person in such arrears shall cease to be a member of the Association under Rule 14 and the admission free paid by him shall be forfeited to the Association and shall in no case be refundable.

Every Life Member shall pay consolidated subscription of Rs. 5,600/- to the Association only once.
Every Ordinary Member shall pay a monthly subscription of Rs. 30/- per month to the Association subject to the decision of the General Body in this respect from time to time and if the subscription paid after the expiry of the one month, he shall pay Rs. 5/- per month as late fee.

12. Subscription by Non-Resident Members

Every Non-Resident Member shall pay a monthly subscription of Rs. 15/- per month to the Association subject to the decision of the General Body from time to time and if the subscription is paid after the expiry of the one month, he shall pay Rs. 5/- per month as late fee.

13. Arrears of Subcription

Any member whose subscription is in arrears for more than three months, his name shall be notified on the Notice Board, by the Hony. Secretary of the Association, to pay the same within one month from the date of the Notice, if such Member fails to pay the arrears within that time, he shall forthwith cease to be a Members of the Association on the conclusion of 4th month. On payment of the amount of arrears and on his applying for re-admission within one month from the date of his ceasing to be a Member, the Governing Council may admit him to Membership without the payment of a fresh admission fee, otherwise his memberships will be forfeited.

14. Office Bearers

The Association shall have the following Office Bearers who shall be elected every year as per decision in the Annual General Meeting.

President
Senior Vice President
Five Vice Presidents
Honorary Secretary
Treasurer
Three Joint Secretaries one of whom shall be in charge of administration, second in charge of the Library and a third in charge of the publication.
A Joint Secretary Women from amongst women Members of the Association to be elected by all the voters, to look after the women Rooms.
Fifteen Members of the Governing Council

15. Governing Council

The affairs of the Association shall be managed and its entire business including the investment of its funds shall be conducted by the under the control of the Governing Council consisting of :-

Office Bearers elected under Rule 15.
The Advocate General, Uttar Pradesh will be an Ex-Officio member having right to vote.
The Former Presidents and Hony. Secretaries of the Association shall be Ex-Officio, Member of the Governing Council having right to vote.

16. Qualification of the Office Bearers

President - An Ordinary Member having rendered at least twenty years of regular and active practice in the High Court, Allahabad.
Senior Vice President - An ordinary member having rendered at least twenty years of regular and active practice in the High Court Allahabad.
Five Vice President - An ordinary member having rendered more than ten years of regular and active practice in the High Court, Allahabad.
Hony. Secretary - An ordinary member having rendered more than fifteen years of regular and active practice in the High Court, Allahabad.
Treasurer - An ordinary member having rendered more than ten years of regular and active practice in the High Court, Allahabad.
Four Joint Secretaries - An ordinary member having rendered more than five years of regular and active practice in the High Court Allahabad.
Governing Council - Ordinary member having rendered more than three years of regular and active practice in the High Court, Allahabad.

If for any reason, there is no contestant on any particular post or the post fell vacant the same will be filled up by the Governing Council within a month from the date of election or within a month vacancy is created.

17. Term of Office

The Office Bearers of the Association and members of the Governing Council shall hold the office till the completion of one year from the date of their election. However, in extra ordinary circumstances they may continue for a further period of one month more with the prior approval of Elder's Committee for the reasons to be recorded, within which they will get the election completed failing which the administration of the Association will vest in the Elders Committee, who will hold the election as per by-laws within another one month.

Explanation :-Date of election is date when the new Governing Council takes over the charge.

18. Functions of the Governing Council

The Governing Council shall, subject to the provisions of Rule 20;

Am responsible for the safe custody of the property and assets of the Association and the proper investment of its funds.
Make arrangements for the maintenance and upkeep of the Library and its proper use by the Members.
Control the use of the accommodation available to the Association.
Frame the annual Budget of the Association and control expenditure in accordance with the Budget.
Call the Annual General Body Meeting and other meetings of the Association.
Frame by laws for carrying out objects and activities of the Association and
Do all other acts necessary for the fulfillment of the objects of the Association.
Appointment, promotion, leave and dismissal of the servants of the Association and deciding disciplinary and other matters effecting them on the recommendation of the President/Hony. Secretary.

Provided that the Governing Council may delegate any of its function, or any specific work to any sub committee appointed by it or by the General Body or to any other Member.

19. Limitation of the Power of Governing Council

The Governing Council shall not have the power, without the previous sanction of the General Body.

To spend within one year any sum not exceeding Rs. 15,000/-.
To express any opinion on behalf of the Association on any controversial matters affecting the interest of the legal profession, and
To decide any matter which, in the opinion of twenty-five or more Members of the Governing Council, should be referred for the decision of the General Body.
Any matter, which the President refers to General Body meeting of the Association.

20. Functions of The President

The Present of the Association shall :

Preside and conduct at all meetings of the Association, Governing Council and supervise the functions of the Association and convene the General Body or Governing Council Meetings for emergency or otherwise.
The President shall be responsible for the proper functioning of the various Officer Bearers of the Association and the Governing Council.
Give the casting vote in case of equality of votes at any meeting of the General Body or the Governing Council and dictate Minutes in the Meeting.
Represent the Association wherever a formal representation is necessary, and
Perform such other functions as might be required by the rules or the bye-laws of the Association.

21. Functions of The Vice President

22. The Sr. Vice President of the Association shall :

Perform the functions of the President, when the President is absent from District or he is so directed by the President. Provided that in the absence of both President and Senior Vice President, the right to preside at meeting of the Association or the Governing Council shall belong to the Vice President so authorized.
Perform such other functions as may be required to perform by these Rules of the Bye-laws of the Association

22. Functions of The Hony. Secretary

The Hony. Secretary shall be the Chief Executive Officer of the Association and it shall be his duty to give effect to the resolution of the Association and of the Governing Council.

Subject to such directions or limitations as may be contained in these Rules or in the resolutions of the Association or of the Governing Council, he shall have the power of :

Spending the funds of the Association in accordance with the Budget, in paying the salaries of the servants, in purchasing books, furniture and materials for the printing and for other purposes connected with the management of the Association, the Library in accordance with the directions of Governing Council and for this purpose to operate upon the Bank Account of the Association along with the President and Treasurer jointly.
Spending a sum not exceeding Rs. 15,000/- in any year for extraordinary and emergent purpose of the Association without the previous sanction of the Governing Council.
Keeping maintenance of the accounts and minutes of the meeting of the Association and of the Governing Council.
Investment of funds of the Association in current or in fixed deposit in any Scheduled Bank, approved by the Governing Council, withdrawal of the deposits from time to time and to utilize and spend them for the purposes of the Association and do deal with Government and other securities on behalf of the Association in accordance with directions of the General Body.
To generally supervise the working of the various activities of the Association, and convene its meeting.
To perform such other functions as he might be required to perform by these Rules or the Bye-laws of the Association.

23. Functions of The Joint Secretary

The Joint Secretary in charge of administration shall :- assist the Hony. Secretary in discharges of his duties. In the absence of the Hony. Secretary, the joint Secretary (Administration) shall act for him in all matter that calls for an immediate disposal.

24. Functions of The Joint Secretary In-Charge of Library

The Joint Secretary in-charge of the Library shall, under the general supervision of the Hony. Secretary be responsible ;

For the maintenance of the Library of the Association.
For the purchase of books for the Library.
For seeing to the proper use and preservation of the Library and the use and the return of books; and
For performing such other functions as might be delegated to him by the Governing Council.

25. Functions of The Joint Secretary In-Charge of Publication

The Joint Secretary In-charge of the publication shall, under the general supervision of the Hony. Secretary, be responsible for publication of Journals, Members Directory and including other connecting publications relating to law and professional ethics.

26. Functions of The Joint Secretary Women

The Joint Secretary Women shall supervise the Ladies Rooms and shall look after their Welfare and report their problems to the Governing Council for redress.

27. Functions of The Treasurer

The Treasurer shall be responsible for :-

Checking the income and expenditure of the Association.
Preparing the Annual Budget of the Association for its being placed before Governing Council.
For seeing that all expenditure are made in accordance with the Budget, the Rules and the Bye-laws.
For advising the Governing Council on all matters relating to financial policy.
To perform such other functions as might be assigned to him by the Governing Council.
The Treasurer shall operate Banks and other financial accounts along with the President and the Hony. Secretary and
Shall publish on the Notice Board the quarterly expenditure by the end of third month.

28. Annual General Meeting

The Annual General Meeting of the Ordinary Members of the Association shall be held every year on a date fixed by the Governing Council at least a month before expiry of the term of the Office Bearers to enable the Election to be held within time.

29. Business at the Annual General Meeting

The Annual General Meeting of the Association shall ;

Fix a date for Electing Office Bearers and other members of the Governing Council from amongst its Ordinary/Life Members.
Pass the audited Annual Accounts, the Annual Report and sanction the Budget for the year.
Adopt such resolutions as might be brought forward for guiding the activities of the Association or its bodies or its election.
Appoint the Auditor for the ensuring year.

30. Other General Meeting

The Governing Council may, at any time, convene a General Meeting of the Ordinary Members of the Association, and in case of emergency, the President or the Honorary Secretary may also convene such General Meetings.

31. Extra-Ordinary Meeting

An extra Ordinary General Meeting of the Ordinary Members of the Association shall be convened by the President/Honorary Secretary or at the requisition of 100 (hundred) Ordinary Members. Such requisition shall be in writing, addressed to the President/Honorary and accompanied by the statement.

In case the extraordinary General Meeting of the Association is not convened as per the requisition and same is also not ruled out by the Governing Council the requisitionist shall be entitled to convene the meeting to the presided over by one of the Senior Member of the Elders Committee.
No decision will be taken to strike work in the High Court by the Bar Association beyond a strike of one day, unless the decision is taken by majority of members present and voting by Secret Ballot in the General Body meeting of Association. Only Life/Ordinary Members will participate in voting who are entitled to vote on that day according to rules of the Association.

32. Notice of Meeting

Notice of Meeting of the Association shall be given, in manner provided by Rule 33, at lease 7 (seven) clear days before the date fixed for the Meeting. In case of emergency relating to subject which cannot be postponed for 7 (seven) days, a meeting other than Annual General Meeting may be called, in like manner but at such shorter notice, as may be considered sufficient by the President/Honorary Secretary.
Notice of a Meeting shall be given by fixing up a notice along with the agenda on the notice boards of the Association and by circulating it in the High Court on a working day to such Members as are present or can be found, and after such fixation and circulation, no Meeting shall be cancelled in question on the ground of improper service or non-service of notice on any member of the insufficiency or impropriety of the time allowed or fixed by the notice.

33. Quorum for Meeting of the Association

100 (Hundred) Ordinary Members (including the Office Bearers) shall form a Quorum for the Annual General Meeting or Extra-Ordinary General Meeting of the Association, and for a meeting under Rule 52, the quorum would be three hundred.

34. Adjournment of Meetings for want of Quorum

If the quorum is not complete at any meeting, it shall be adjourned and no business shall be transacted then at except, the fixing of the time and date of the adjourned Meeting.

35. Quorum Falling short During Meeting

If at any time during the course of a meeting, the attention of the President is drawn to the fact that number of members present has fallen short of the quorum required, the person presiding, after ascertaining the truth of the facts, shall forthwith dissolve the meeting but any business already transacted shall be deemed to be validity transacted.

36. Adjourned Meeting

If a Meeting has been adjourned for want of a quorum, no quorum shall be necessary for the next Meeting held after the issue of the usual notice and with the same agenda provided that an extra ordinary meeting of the Association called at the requisition of the Members Under Rule 32 above, shall not on the same requisition, be called a second time if it has been adjourned once for want of quorum. Senior Most Member of the Elders Committee available may preside in the absent of the President and the Sr. Vice President.
In the absence of the President or the Vice President or Senior Member of the Elders Committee of the Association any Member present may be elected to preside at a Meeting of the Association.

37. Question to be Decided by a Mejority of Votes

Except, as hereinafter provided, all questions at the Meetings of the Association shall be decided by a majority of the votes of Members present and voting. The participation of Ordinary Members will be recorded on the register in their eligible signature. The person presiding shall have a second or casting vote in case of tie. No voting by proxy shall be allowed.

38. Proceedings to be Recorded

The decisions arrived at a Meeting shall be dictated by the President and binding on all members of the Association. The Honorary Secretary and the Joint Secretary shall keep a record of the proceedings of all the meeting held under the provisions herein contained. Such record shall be open to inspection by members of the Association only.

39. Reconsideration or Business

Any matter which has been the subject of a decision in any meeting of the Association shall not be reconsidered till after the expiry of six months from the date of such decision except on a written requisition for the purposes by 2/3rd majority of Ordinary Members.

40. Quorum of the Governing Council

Ten Members of whom at least three shall be those not holding an office, shall form the quorum of meeting of the Governing Council.

41. Meetings of the Governing Council

The Governing Council shall meet as often as may be necessary and all the provisions in these rules relating to the Meetings of the Association shall apply mutatis mutandis to such meetings of the Governing Council.

42. Funds Of The Association

The Fund of the Association.

All sums received by or on behalf of the Association.

43. Property of the Associtaion

The property of the Association shall consist of :

All property received or acquired by or on behalf of the Association Acquisition the funds and property of the Association.
All funds and properties of the Association shall be under the direct control and management of the Association and shall be acquired, maintained and disposal of in accordance with these Rules or Bye-laws in furtherance of the objects of the Association.
No Members of the Association shall on ceasing to be a Member of the Association, have any right to or claim upon any fund or property of the Association, or to the use of such property.

44. Account of the Associtaion

The Treasurer shall cause to be kept an account of all receipts and disbursement made by or on behalf of the Association during the year.
The Accounts shall be audited, once every year, by a qualified Auditor, appointed as the Annual General Meeting or failing such appointment by any other General Meeting of the Association. Audited Annual Accounts shall be presented at the Annual General Meeting.
The Account kept and audited in accordance with Rule 49 shall be submitted, along with the Audit Report and the Budget to the Annual General Meeting of the Association.

45. Expulsion of Members

The Association may at a General Meeting specially convened for the purpose, of which fourteen days notice has been given, by a resolution adopted by a majority of not less than two thirds of the Ordinary Members of the Association present and voting by secret ballot expel an Ordinary Member on any of the following grounds :-

Professional misconduct,
Conviction for an office involving moral Turpitude, or
Gross Misconduct unbecoming of the Member of the Bar.

Provided that notice of the Meeting of shall be given to the member concerned and he shall be entitled to be heard before any decision is taken by the Association.

46. Breach of Rules

Any member of the Association who shall be guilty of continued infraction of the Rules herein contained or of any Bye-laws made there under, shall be liable to expulsion by a vote of the majority of the members present at a General Meeting of the Association specially convened for the purpose in accordance with Rule 51.

47. By Laws

Subject to these Rules the Governing Council may, from time to time, frame Bye-Laws for the purpose of carrying out the objects or regulating the activities of the Association. The Bye-Laws framed shall not be effective till they have been approved by the General Body of the Association.

48. Amendment of Rules

None of these Rules shall be altered or modified or rescinded nor shall any new rule be framed unless they have received the assent of two-thirds of the Members present and voting, by secret ballot, at a General Meeting convened for the purpose and be subjected to approval by "Bar Council" and be thereafter got inserted in the Rules with the Registrar, Chits Funds Societies.

49. Procedure of Election

The Meetings of the Annual General Body of the Associate will be conveyed at least a month before the expiry of the term of the Officer Bearers and shall fix a date for Election.

The Elders Committee will act as Panel of the Returning Officers to hold Election and be entitled to include any other Member of the Association, provided one is not contesting the Election and the result of the Election shall be declared in the Meeting of the General Body, so convened by the Elders Committee.

In order to meet the heavy burden of expenditure of the Bar Association, the Elders Committee will also fix security money for various posts, which shall not be refundable after the nomination is filed and found valid only Ordinary Members, who have put in 3 years of continuous Membership will be entitled to vote and participate in the Election provided their subscription is paid till before the month in which Annual General Body Meeting is fixed.

The person, who has held office twice, will not be entitled to contest the Elections in sequence, however, he can re-contest after a gap of one year.

Rules & Regulation